Restoring Equal Opportunity Act
Summary
The Restoring Equal Opportunity Act aims to amend the Civil Rights Act of 1964 and the Fair Housing Act to prohibit disparate-impact claims. This bill seeks to eliminate the concept of disparate impact, where policies neutral on their face have a disproportionate effect on protected groups. The bill argues that disparate-impact liability violates the Constitution and basic American ideals.
Expected Effects
If enacted, the bill would prevent individuals from bringing claims based on disparate impact in employment and housing practices. It would also nullify certain regulations related to disparate impact under the Civil Rights Act of 1964. This could lead to changes in how discrimination is assessed and litigated in these areas.
Potential Benefits
- Reduced litigation costs for businesses and housing providers.
- Greater clarity and predictability in employment and housing regulations.
- Potentially faster decision-making processes in hiring and housing.
- Elimination of policies perceived as quotas or preferential treatment.
- Focus on intentional discrimination rather than statistical disparities.
Most Benefited Areas:
Potential Disadvantages
- Weakened protections against unintentional discrimination.
- Increased difficulty in addressing systemic inequalities.
- Potential for policies with discriminatory effects to go unchallenged.
- Disproportionate impact on vulnerable populations.
- Erosion of civil rights enforcement mechanisms.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's proponents argue that prohibiting disparate-impact claims aligns with constitutional principles by focusing on intentional discrimination, which they believe is more consistent with equal protection under the law. They might cite the Fourteenth Amendment's Equal Protection Clause, arguing that it primarily addresses intentional discrimination. However, opponents may argue that the bill undermines the Constitution's commitment to equality by limiting remedies for practices that perpetuate discrimination, regardless of intent.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).